The petition seeks issuance of a writ in the nature of certiorari quashing impugned letter/order dated 09.07.2020 passed by respondent no.4, which is appended with the petition as Annexure - 1.
The petition also seeks issuance of a writ in the nature of mandamus directing respondents to pay the arrear of salary w.e.f. 03.05.2018 till the date of superannuation i.e. 31.12.2019 in Pay Band - 4 - Rs.37400-67000, Grade Pay Rs.9000/- instead of Pay Band - 3 - Rs.15600-39100, Grade Pay Rs.7600/- as per norms of AICTE Act 2010 and 2019, alongwith interest as well as post retiral benefits from due date.
Learned counsel for the petitioner has submitted that the petitioner was holding the post of Head of Department (Mechanical Engineering) and he superannuated from the said post on 31.12.2019 on attaining 60 years of age. It is submitted that keeping in view the Regulation 2010, Government Orders dated 03.05.2018 and 16.03.2020, the petitioner is entitled to receive salary w.e.f. 03.05.2018 till his age of superannuation and other post retiral benefits accordingly after his superannuation.
Learned counsel has referred to a letter dated 26.11.2020 (Annexure - 27) written by respondent no.9/Advisor of AICTE to the Special Secretary, Government of U.P. and submitted that though he has made a representation on 05.06.2020 and 02.12.2020 to all the respondents, but no order has been passed yet by the authorities.
Learned counsel, without pressing the petition on merit, has made an innocuous prayer that the petitioner may be allowed to represent his case by way of submitting a detailed representation to respondent no.2/Addl. Chief Secretary, Department of Technical Education, U.P. Civil Secretariat, Government of U.P., Lucknow and the representation may be decided in the light of letter dated 26.11.2020.
Shri Ranjeet Singh, learned counsel for the State and Shri Sharad Tiwari, learned counsel for respondent no.9/AICTE have opposed the petition on merit, however submitted that they have no objection to the aforesaid innocuous prayer made by petitioner's counsel.
I have heard learned counsel for the parties and perused the record.
Without entering upon the merits of the case, the petitioner is directed to make a detailed representation alongwith a certified copy of this order before respondent no.2/Addl. Chief Secretary, Department of Technical Education, U.P. Civil Secretariat, Government of U.P., Lucknow within 10 days from today, who, upon receipt of the said representation, shall consider and decide the same by way of passing a detailed and reasoned order in the light of aforesaid letter dated 26.11.2020 within three months, if there is no legal impediment.
With the aforesaid direction(s), the instant petition is disposed of.
Order Date :- 19.1.2021 nishant/-